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Council of Europe treaties relating to asylum and refugees


Convention for the Protection of Human Rights and Fundamental Freedoms, 1950

See main text for details


European Convention on Extradition 1957; Additional Protocol of 1975

The object of the Convention is to define "uniform rules with regard to extradition" for Contracting Parties. The "obligation to extradite is stated in principle (Article 1). However, "political offences" (Article 3) and "military offences" (Article 4), as defined by the Convention, are not grounds for extradition in principle. Asylum seekers with a legitimate claim and refugees will not be extradited by a Contracting party.

The 1975 Additional Protocol defines the concept of a political offence (Article 3 of the Convention).


European Social Charter

The Appendix to the Social Charter provides that:

" Each Contracting Party will grant to refugees as defined in the Convention relating to the Status of Refugees, signed at Geneva on 28 July 1951, and lawfully staying in its territory, treatment as favourable as possible, and in any case not less favourable than under the obligations accepted by the Contracting Party under the said Convention and under any other international instrument applicable to those refugees."


European Convention on Social Security, 1972

The fourth paragraph of the Preamble to the Convention affirms "the principle of equality of treatment for nationals of the Contracting Parties, refugees and stateless persons, under the social security legislation of each Contracting Party…".

Article 4 of the Convention states that its provisions shall be applicable:

"(a) to persons who are or have been subject to the legislation of one or more of the Contracting Parties and are nationals of a Contracting Party, or are refugees and stateless persons resident in the territory of a Contracting party, as well as to the members of their families and their survivors;

(b) to the survivors of persons who were subject to the legislation of one or more of the Contracting Parties, irrespective of the nationality of such persons, where these survivors are nationals of a Contracting Party, or refugees or stateless persons resident in the territory of a Contracting Party;".


European Convention on the Suppression of Terrorism, 1977

The increase in political violence in Europe in the early and mid 1970s led the Council of Europe to react by means of a European Convention on the Suppression of Terrorism. While the European Convention on Extradition has a mainly regulatory function, this convention has principally a punitive function.

Article 1, strengthened by Article 2, provides that certain offences, implicitly considered as "terrorist", will not be considered as political offences for the "purposes of extradition between Contracting States". Persons whose extradition is requested on the basis of such offences may be extradited between Contracting States. The Convention modifies as between Contracting States the "provisions of all extradition treaties and arrangements applicable between Contracting States, including the European Convention on Extradition", to the extent that they are incompatible.

Nevertheless, Article 5 provides that the requested State is not obliged to extradite if it "has substantial grounds for believing that the request for extradition for an offence mentioned in Article 1 or 2 has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality, or political opinion, or that that person’s position may be prejudiced for any of these reasons". Article 5 corresponds to the provisions of Article 3 of the European Convention on extradition.

In addition, under certain conditions defined by Article 13, "Any state may … declare that it reserves the right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives…". Many Contracting States have made this declaration.


European Agreement on the Transfer of Responsibility for Refugees, 1980

This concerns refugees who have moved their residence to another country. It provides that the responsibility for a refugee will pass from the country of asylum to the country of her/his residence at the end of a period of two years of actual and continuous stay in the latter country. This country will then become responsible, in particular, for issuing the Convention Travel Document. For the purposes of calculating this two-year period, stays authorised solely for study purposes, training or medical care are not taken into account.

It should be stressed that the provisions of this Agreement apply only to (European) States party to it. As with other European treaties, States which are not members of the Council of Europe, including non-European States, may be invited by the Committee of Ministers of the Council of Europe to accede to the Agreement, if they are party to the 1951 Convention and/or the 1967 Protocol. Meanwhile, refugees whose status has been recognised and who have been issued a Convention Travel Document by a non-European State which is not yet party to the Agreement may not avail themselves of the provisions of this Agreement.

 

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